HomeMy WebLinkAboutWD-4-96.:~ -
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THE CORPORATION OF. THE MONICIPALITY OF GLARING
REPORT
Meeting: SPECIAL MEETING OF COUNCIL File #
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Res.#S~L~
Date: JANUARY 8, 1996.
BY-Law #
Report#: wn_a_96 c-06-1)6-01
File #: '
,
Subject: QIIIT CL AIM T1~ANSF$R OF PART OF THE CLOSED. ROAD ALLOWANCE
BETPTESN LOTS 6'AND 7, CONCSSSION 6, FORMBR TOI+iNSHIP OF CLARKS
Recommendations:
It is respectfully ',recommended that Council adopt the following:
1. THAT Report WD-4-96 be received;
2. .THAT Council pass a by-law to exempt the quit claun transfer.
referred to ii} Recommendation 3 from the requirements of By-
law No. 95-22a
3. THAT Council authorize the Mayor and Clerk to execute a quit
claim transfer of the portion of the closed road allowance
between Lots 6i and 7, Concession 6, former Township of Clarke,
now shown as ]?'dart 5 on Plan 40R-16671 (Attachment No. i), from
the Municipality to Ahmad Rhodkar for a nominal consideration,
subject to
a) Mr. Rhodl~ar executing and delivering. to the Municipality
an agreement to indemnify the Municipality against any
loss or Cost, in a form and with a content satisfactory
to the Municipality's Solicitor, and
b) Mr. lchodkar paying to the Municipality the ..cost of
publicat;<on of the notice of the meeting of Council to
consider his request, and the Municipality's legal
expenses; and
P.P. F° ®.t~.~,E
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REPORT NO.: WD-4-96
PAGE 2
4. THAT Mr. William W. Walker, the solicitor for Mr. Ahmad
Khodkar, be advised of Council's actions.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2: Copy of By-law No. 1563 passed on October 3, 1967,
by the Council of the former Township of Clarke
No. 3: Copy of Affidavit of Justice Richard Lovekin,
formerly a solicitor for the Township of Clarke
No. 4: Copy of By-law No. 95-22
No. 5: Proposed By-law exempting the proposed quit claim
transfer of the portion of the closed road
allowance in question to Mr. Rhodkar from the
provisions of By-law No. 95-22
2.0 BACKGROUND
2.1 By-law No. 1563 was passed by the Council of the former
Township of Clarke on October 3, 1967, pursuant to the
Municipal Act ,(Attachment No. 2). it stopped up and closed a
number of road allowances and parts of road allowances in the
former Township of Clarke, including the road allowance
between Lots 6 and 7 in the 6th Concession, extending from the
southerly limit of the 6th Concession to the northerly limit
of it (Attachment No. 1). According to Mr. H. E. Millson, the
former Clerk of the Township of Clarke, road closing by-laws,
such as By-law No. 1563, were passed when Council decided that
it wished to dispose of the road allowances, Council desiring
to transfer title to them to the abutting owners. In fact,
parts of the .closed road allowance between Lots 6 and 7,
Concession 6, have been transferred to the abutting owners and.
the transfers have been registered on title.
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REPORT NO.: WD-4-96 PAGE 3
2.2 An exception is the portion of the closed road allowance
between Lots 6 and 7 situated south of Regional Road No. 9 and
shown on Reference Plan 40R-16671 as Part 5 (Attachment No.
1). The abutting Parts 4 and 6, also shown on Attachment No.
1, are owned by Ahmad Rhodkar whose address is 4597 Regional
Road No. 9, Rendal, Ontario.
2.3 Mr. Khodkar had purchased the lands shown as Parts 4, 5 and 6
on Plan 40R-16671 from the late Mrs. Bertha Little in 1989.
However, a transfer of Part 5 (the portion of the closed road
allowance in question) to Mrs. Little had not been registered
on title. In order to clarify Mr. Rhodkar's title, Mr.
William W. Walker, Mr. Rhodkar's solicitor, has requested that
the Municipality execute a quit claim transfer releasing any
interest in the portion of the closed road allowance in
question to Mr, Rhodkar for a nominal consideration.
2.4 Mr. William W. Walker has made inquiries of retired Justice
Richard Lovekin who formerly was the solicitor for the
Township of Clarke. The property immediately to the south of
Mr. Rhodkar's lands was owned in 1968 by Mrs. Catherine
Fitzgibbon. By deed of conveyance, dated February 7, 1968,
the portion of the closed road allowance between Lots 6 and 7
abutting Mrs. Fitzgibbon's land was conveyed to her by the
Township of Clarke. This deed is registered on title.
2.5 in his affidavit (Attachment No. 3) sworn on January 4, 1996,
Justice Lovekin states that, as a corollary of passing road
closing by-laws including By-law No. 1563, the Township of
Clarke, at that time, had a policy of deeding closed road
allowances to the abutting land owners at no charge to them.
Also, Justice Lovekin states that it was a practice of the
Township of Clarke, after enacting a road closing by-law, to
REPORT NO.: WD-4-96 PAGE 4
have him prepare deeds in favour of the abutting owners to the
portions of the closed road allowances in question, and
deliver the unregistered deeds to the abutting land owners for
registration by them. Justice Lovekin further states that he
recalls the conveyance of the portion of the closed road
allowance between Lots 6 and 7 to Mrs. Fitzgibbon and states.
that the deed was prepared by him in accordance with the
policy and practice of the Township just mentioned. With
regard to the late Mrs. Little, the predecessor in title of
Mr. Rhodkar, Justice Lovekin states that he understood that in
1967 and 1968 Mrs. Little was the owner of the lands abutting
the portion of the closed road allowance that lays between
what is now Regional Road No. 9 and the northerly lunit of the
lands conveyed,to Mrs. Fitzgibbon. Further, he states that he
knows of no reason why he would not have prepared a similar
deed from the Township of Clarke in favour of Bertha Little in
the year 1968 for the portion of the closed road allowance in
question and delivered it to her in an unregistered form., and
he believes th8t that was done.
2.6 Justice Lovekin's affidavit provides persuasive evidence that
a deed of conveyance of what now is shown as Part 5 on
Reference Plan 40R-16671 had been delivered by Justice Lovekin
to the late Mrs. Little pursuant to the Township of Clarke's
policy and practice.
2.7 The Municipality's Solicitor advises that it is not a
requirement to a deed of conveyance being effective that the
deed be registered on title to transfer title to the portion
of the closed load allowance in question from the Township of
Clarke to the late Mrs. Little. Accordingly, on the basis of
Justice Lovekn's affidavit, Mrs. Little would have taken
title to the portion of the closed road allowance in question
REPORT NO.: WD-4-96
PAGE 5
on the delivery of the deed of conveyance to her presumably in
1968.
2.8 Mr. Rhodkar is the successor in title to the late Mrs. Little
to Parts 4, 5 and 6 on Plan 40R-16671. Since the beneficial
owner of the portion of the closed road allowance in question
would appear to be Mr. Rhodkar, the Municipality does not
appear to have any beneficial interest in it. To clarify Mr.
Rhodkar's tithe, the Municipality could execute a quit claim
transfer and release to Mr. Rhodkar. This would be
registered on title.
2.9 If the Municipality had had the beneficial ownership of the
portion of the closed road allowance in question, the
requirements o~ Section 193 of the Municipal Act, dealing with
the sale of surplus real property and the procedures set out
in By-law No. 95-22, would have to be complied with. Section
193 requires, as a general rule, that an appraisal of the
value of surplus land be prepared before it is sold. However,
Regulation 815/94 exempts closed road allowances from the
requirement that an appraisal be prepared. Therefore, an
appraisal of 'the value of the portion of the closed road
allowance in question is not required. Section 193 also
requires Council to pass a by-law or resolution to declare
real property to be surplus before it can be sold. However,
the closure ofland the sale of the beneficial interest in the
portion of the closed road allowance in question took place
before the Municipality was incorporated. The Municipality's
Solicitor advises that, in his opinion, the current
requirement o~ Section 193 of the Municipal Act being a
declaration that real property is surplus does not apply in
the present circumstances.
REPORT NO.: WD-4-96 PAGE 6
2.10 By-law No. 95-22 (Attachment No. 4) requires that at least
seven (7) days' notice be given, by way of newspaper
advertisement, of the Council meeting at which a proposed sale
of surplus land is to be considered. The Municipality's
Solicitor advises that, if Council decides to grant Mr.
Rhodkar's request, a by-law (Attachment No. 5) should be
passed exempting the proposed quit claim transfer of the
..portion of the closed road allowance in question to Mr.
Rhodkar from the provisions of By-law No. 95-22.
3.0 CONCLDSION
3.1 In the circumstances, it is recommended that Council approve
Mr. William W. Walker's request on behalf of Mr. Ahmad Rhodkar
and authorize the Mayor and Clerk to execute a quit claim
transfer of Part 5 on Plan 40R-16671 to Mr. Rhodkar for a
nominal consideration, subject to payment to the Municipality
of the cost of publishing notice of the meeting of Council to
consider Mr. Walker's request, the execution and delivery to
the Municipality of an indemnity agreement satisfactory to the
Municipality's Solicitor, and payment of the Municipality's
legal expenses.
Respectfully submitted,
Stephen A. Yokes, P.Eng.
Director of Public Works
Reviewed by,
W. H. Stockwell
Chief Administrative Officer
DH*ph
January 5, 1996
Attachments
REPORT NO.: WD-4-9b PAGE 7
Mr. William W. Walker
O'Flynn Weese Tauseridfreund
Barristers & Solicitors
65 Bridge Street East
Belleville, Ontario
R8N 1L8
Mr. Ahmad Rhodkar
4597 Regional Road 9
General Delivery
Kendal, ON LOA lE0
REG/ONf1L ROAD Na 9
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°~" ~ I ~ ATTACHMENT N0. 1
KEY I~AP ~-4-96
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s"`' T116 Una'u,t.,l'lOY UI' '1'dE '1'U.J iJ:;UlI' OF CLnitKG ~'T
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' BY-L h.J NO. 1 SF>J 'i
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3•, ii li n., a by-law to stop-up certain t
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~^" ruxu allowances and certain darts ~-
+:.::'~ oi' road al lowxna~s in the Township Itt
K~,.'. u; CJ arka.
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y'- NNLitiie:. LJLiCe Of 1nLOntlOn t0 du.a tn1S t] 1aW WaS
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published onc.• a week fur at least four sucres:: i.ve weeks in
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the Orono h'.-e~fl l/ Times and wus posted ut. Cur at least one
month in si:: ~+.' Lhe most 3:uU1 is },laces in Lhe imr:~eSlatr~
naighi,our•huod .,f each of the said road aliowana~s or parts
oC road x].l::wnnces hereby affected as required by the
provisions of 'Phi Municipal net;
atJD ~IIiCBL..J Council has received no oh joctions from
persons clx Lu:i nL that their ].and would t;e pre•,iud}dally
y
affected by tt:~~ by-law;
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NON '1'ii;:ia:~'iiRE the Municipal Council of thr Corporation
of the Townshi ,~ of Clarke EiJaCT:i aS PO1.LlAJS:
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1. Tl}nT a]a :.hose road x1l.ow ances and pa rLS of road i i'
allowances in Lhe Township of Clarke describ,~~d in
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t%chedule ne" sod forrt:inL; part of this by-law he and the same '"!
xrr. herby ;;to;,petl up. '~: 3.:
ftEnD x first :~.^.d second time this 15th ddy of September 1967. r
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Kee\e .
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Clerk
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:<EIiD a third time and £inal.ly passed this3'"r day of Ct.~li/1967. '~, i
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ci` C.Lark~-, Jo unty of Lurhum, more p;:rLi ~uiarly drscri hr:d
as follu:,c:
11.,1.1 is L:l '-in,,g:. 1.aC Li1:iL paT't i~f Ch.. 1`v `li L11 ..a..ll Qt,
b.+Lm~,•,~ ! ., 2 and 3, Conur scion 7., in Lt1~- io.;nsh:ir
of Cl:.:•.. i..-in,• ll:;rth c!' Lh;: norUt.~rly i;m.it c:f
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Ccnc.-s::i~n •..' tL.• 'f uansi,:i [:• r.f Cl arkr, County :,f Li.rn: m!,
~~xtr:ndia!' I: •o~,. the so uLhcrly limit cf ct..- sa.iu Sizth
Ccncrssi on Lo the nor•Lh::u•ly 1Ln it the re.:f,
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in,rhan:, bei u,[ the Wort her-ly 11':5 1':-~~t sou LLr•rl y of thr•
southerly b oundary of l~ueanls Hiahwap :+o, 119.
y, Ynrt of Litr- K:: ad all owuncN betw~, c:n Concr ssi cn y and lU
ad ja.~e nC to Lot 35 i.n the 'i'ownsl,iy of Clarke, County of
Lurk vu, a:nn xs shovm or, a Ylsn of :i:.r v~y Ly M, L. Isrown,
U, l., b, nb ,.:t,ered GS1.~0 date) Vc tcbr~r ] 5, 1~~'•5, marked
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IN THE MATTER OF THE TITLE TO PART OF THE ROAD ALLOWANCE
BETWEEN LOTS 6 & 7, CONCESSION 6, TOWNSHIP OF CLARKE,
NOW IN THE MUNICIPALITY OF CLARINGTON,
REGIONAL MUNICIPALITY OF DURHAM,
DESIGNATED AS PART 5, PLAN 40R-16671
A F F I D A V I T
of ERIC RICHARD LOVEKIN
I, ERIC RICHARD LOVERIN, of the Municipality of
Clarington in the Regional Municipality of Durham MAKE OATH AND SAY
AS FOLLOWS:
1. I am a retired justice of the Ontario Court General
Division. Prior to my appointment to the Bench, I was a Barrister
and Solicitor duly authorized to practice law in the Province of
Ontario.
2. In the years 1967 and 196-8, I was practicing law as a
Barrister and Solicitor and I was the solicitor for the Corporation
of the Township of Clarke.
3. I have now had produced and shown to me a copy of By-
law No. 1563 for the Corporation of the Township of Clarke dated
October 3, 1967 and registered February 2, 1968 in the Land
Registry Office for the Registry Division of the West Riding of the
County of Durham as No. N35581 which closed and stopped-up certain
road allowances in the Township of Clarke including the road
allowance between Lots 6 and 7 in the 6th Concession of the said
Township of Clarke.
ATTACHMENT N0. 3
WD-4-96
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-z-
4. I recall that at that time the said Township of Clarke
was seeking to close a number of road allowances which the
municipality knew were not required by it and would not be required
in the future so as to reduce its potential financial
responsibilities for any maintenance and repair.
5. I further recall that as a corollary to the closing of
the said road allowances that it was the policy of the Township of
Clarke at that time to deed the said closed road allowances to the
abutting land owners at no charge to them.
6. It was the practice of the Township of Clarke, after
enacting the appropriate By-law to close a road allowance, to have
me prepare deeds in favour of the abutting land owners to the
portions of the closed road allowances in question and
subsequently, the unregistered deeds were delivered to the abutting
land owners for registration by them.
7. I have now also had produced and shown to me a copy of
a deed dated February 7, 1968 and registered February 15, 1968 in
the Land Registry Office for the Registry Division of the West
Riding of the County of Durham as No. N35665 which is a deed from
the Township of Clarke to Catherine Marion Fitzgibbon under which
a portion of the closed road allowance lying between Lots 6 and 7,
Concession 6 was conveyed to her.
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8. The said deed was prepared by me in accordance with the
policy and practice of the Township of Clarke mentioned above.
9. It is my understanding that in 1967 and 1968, Bertha
Little was the owner of the lands in Lot 7 and Lot 6, Concession
6, Township of Clarke abutting the portion of the road allowance
that lay between what is now Regional Road Number 9 and the
northerly limit of the lands conveyed to Fitzgibbon under
Instrument No. N35665.
10. Having reviewed the said Instrument No. N35665 in favour
of Fitzgibbon and keeping in mind the policy and practice of the
Township of Clarke at the time, .I know-of no reason why I would not
have prepared a similar deed from the Township of Clarke in favour
of Bertha Little in the year 1968 for the portion of the closed
road allowance in question and that it would have been subsequently
delivered to her in an unregistered form and I believe that that
was done. ~ ~ /,;
SWORN BEFORE ME at the ~ ~ l
/ // / /; /:
Municipality of Clarington
in the Regional M icipality
of Durham this day of
January !1,99'6.
VV
A commissioner etc.
~ ~ ~ ,
~ ~.~, _
ERIC RICHARD LOVEKIN
I ~
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-22
being a by-law to establish procedures governing the sale of real
property pursuant to subsections 193(2) and (3) of the Munlcipa!
Act, R.S.O. 1990 c.M.45, as amended
WHGRGAS Section. 55 of the P(anning and Municipal Statute lawAnrendment Act, 1994 was
proclaimed [o be in force on January 1, 1995. It repealed and replaced Section 193 of the
MunicipalAcl, R.S.Q. 1990, c.MAS with a new Section 193;
ANll Wi~IEREAS the new subsections 193(2) and (3) of the Municlpa! Act rcyuire every council
with authority to sell or otherwise dispose of real property to pass a by-law to establish
procedures, including the giving of notice to the public, governing the sale of real properly;
AND WHEREAS it is expedient to enac[ this By-law to establish procedures governing the sale
of real property [order subsection 193(2) of the Miuricipn! Arr, as amended,
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
In this by-luw, the term:
• "Act" means the Municrpa! Act, R.S.O. 1990 c.M.45, as amended frot»
time to time and includes regulations made under it;
• "Council" means the council of the Corporation of the Municipality of
• Clarington;
• "Municipality" means The Corporation of [he Municipality of Clarington;
• "sale" includes a lease of 21 years or longer; and
• "surplus property" means real property owned or leased by The
Corporation of the Municipality of Clarington which is not required for
the purposes of the Municipality;;
2• The Municipality's Chief Administrative Officer, or a Director or other head of a
department of the Municipality to whom Council leas assigned responsibility for real
property owned or leased by the Municipality in consultation with the Director of
Planning and Development, from time to time shall:
(a) identify real property that should be declared to be surplus property by
Council;
(b) report to Council recommending that Council declare the particular real
property to be surplus property and setting out the reason why it should
be declared to be surplus property; and
(c) advise in every report recommending that Council declare particular real
property to be surplus property that at ]east one appraisal of the fair
market value of the real progeny in question should be obtained before
Council decides to sell, or exchange and transfer the real property in
accordance with -the Act and this by-law, unless an appraisal is no[
required under the Ac[.
ATTACHMENT N0. 4
WD-4-96
_2_
3. Despite Section 2 but subject to the requirements of the Act, where real property owned
by the Municipality consists of highways, public lanes, roads ar road allowances, the
Director of Public Works in consultation wi[h the Director of Planning and Development
From time to time shall:
(a) identify the real property that should be declared surplus properly by
Council;
(b) report to Council complying with the Act and Report WD-3-90 which was
adopted by Council at its meeting on February 12, 1990, recommending
tha[ Council declare that the particular real propetty [e be surplus property
and selling out the reasons why it should be declared to be surplus
property;
(c) advise in every report recommending plat real properly be declared by
Council to be surplus property that at least one appraisal of the fair market
value of the real property in question should be obtained before Council
decides to sell, or transfer the real property in accordance with [he Ac[
and this by-law, unless an appraisal is not required under the Act; and
(d) advise in every report recommending that real propetty be declared to 6e
surplus property, appropriate terms and conditions for the sale or transfer
of the real property if it is declared to be surplus properly.
4•. Where a report to Council is made by the Chief Administrative Officer, a Director or
other head of a depar[men[ of the Municipality pursuan[ to Section 2 of [his By-law, the
Director of Planning and Development may also report to the same meeting of Council
in all cases in which he is of the opinion that the real property in question, if i[ is
declared by Council to he surplus property, should 6e sold at its appraised fair market
value to a property owner for development in accordance with a land use plan of the
Municipality rather than being sold by public tender, and shall set out his
recommendation as to the terms and conditions under which such surplus properly should
be transferred to a property owner by the Municipality. Where in reviewing a report [o
Council pursuant to Section 2 of this By-law the Dtrector of Planning and Development
considers that it to be appropriate in the interest of the Municipality in order [o achieve
an objective of a land use plan of the Municipality that the real property in question if
declared by Council to be surplus property be sold to a propetty owner for a
consideration which is the exchange and transfer to the Municipality of real property of
an equivalent or higher value after at least one appraisal of the fair market value of [he
real property to be exchanged and transferred for the surplus property has beet obtained
by the Municipality, the Director of Planning and Development may recommend the sale
by way of exchange and transfer to Council setting out his recommendation as [o the
terms and conditions under which the surplus property should 6e sold by way of
exchange for other real property.
5• After complying with the provisions of the Act, and in the case of highways, roads or
road allowances the aforesaid Report WD-3-90:
(a) before selling or otherwise disposing of real property, Council by by-law
or resolution shall declare the real property in question to be surplus
property in public session; and
(b) Council shall also determine whether the surplus property referred [o in
clause (a) shall be sold by the acceptance of an offer to purchase
submitted by members of the public in response to an invitation to the
public to tender offers to purchase, sold at its appraised fair market value
[o an adjacent property owner, or exchanged and transferred for property
of equivalent or greater value as recommended by the Director of
Planning and Development pursuant to Section 4 of this By-law,
,~ ,
-3-
6. Before selling any surplus property whether for cash or the exchange and transfer of
other real property for it, unless otherwise provided by the Act, Council shall obtain at
least one assessment of the fair market value of the surplus property.
7. (1) In addition to complying with all relevant provisions of the Act, the Clerk shall
give notice of a proposed sale of surplus property of the Municipality whether for
a consideration to be paid in cash or the exchange and transfer of other real
property for the surplus property shall by causing a notice to be published ut lestst
once in a newspaper of general circulation in the area in which the surplus
property is located not less titan seven days prior to the date of rite meeting of
Council at which the proposed Salo of surplus property for cash or exchange and
transfer is to be considered.
(2) The notice referred [o in subsection 7(1) shall:
(a) briefly describe the surplus property;
(b) shall state whether it is proposed to be exchanged, sold by public
tender, or sold to a property owner;
(c) shall specify in the case of a sale of surplus property by public
[ender rite name and address of the official of the Municipality
from whom interested persons can obtain an information package
containing the terms and conditions of the invitation to members
of the public to tender offers to purchase the surplus property and
containing teens and conditions of any sale; and
(d) shall state that the decision of Council to sell the surplus property
in question for cash or exchange for other real property will be
considered at the public meeting of Council on the date and at the
time specified in the notice.
Hy-]aw read a first and second time this 6eh day of Karen 1995.
By-law read a third time and finally passed this Ern day of ttarcn 1995.
O
MAYOR
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,,
THS CORPORATION OP THB MUNICIPALITY OF CLARINGTON
BY-LAW NO. 96-1
Heinq a by-law to exempt a quit claim transfer
of a portion of the closed road allowance
between Lots 6 and 7, Concession 6, former
Township of Clarke to the owner of the
abutting lands from the provisions of By-law
No. 95-22
WB'EREAS Council has adopted the recommendations contained in Report
WD-4-96 recommending that this by-law be passed;
NOW THHRHFORH BB IT ENACTBD BY THB COUNCIL OF TBB CORPORATION OF
THS MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. TNAT the consideration and authorization by Council of the
making of a quit claim transfer of Part 5 shown on Reference
Plan 40R-16671 from the Municipality to Mr. Ahmad Khodkar, the
owner of the abutting lands shown as Parts 4 and 6 on Plan
40R-16671, be exempted from the provisions of By-law No. 95-
22.
BY-LAW read a first and second time this Bth day of January, 1996.
BY-LAW read a third time and finally passed this 8th day of
January, 1996.
MAYOR
CLERK
ATTACHMENT N0. 5
WD=4-.96
,,
THE CORPORATION OF THE NUNICIPALITY OF CLARINGTON
BY-LAW NO. 96-2
Being a by-law to authorize the execution of a
quit claim transfer from The Corporation of
the Municipality of Clarington to Ahmad
Rhodkar of the portion of the closed road
allowance between Lots 6 and 7, Concession 6,
former Township of Clarke
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NEREBY ENACTS AS
FOLLOWS:
THAT the Mayor and the Clerk are hereby authorized to execute,
on behalf of The Corporation of the Municipality of
Clarington, and seal with the Corporate Seal, a quit claim
transfer of the portion of the closed road allowance between
Lots 6 and 7, Concession 6, former Township of Clarke, shown
as Part 5 on Plan 40R-16671, attached hereto as Schedule "A".
BY-LAW read a first and second time this 8th day of January, 1996.
BY-LAW read a third time and finally passed this Sth day of
January, 1996.
MAYOR
CLERK